Dorsey v. City of New York

Petitioner, an indigent person, is the plaintiff in a divorce action pending in this court. In that action petitioner moved for leave to proceed as a poor person and for an order permitting service by publication. Said relief has been granted in a companion motion.

This is an application for an order pursuant to article 78 of the CPLR directing that the respondent pay, on behalf of the petitioner, any costs incurred by virtue of the order directing publication in petitioner’s action for a divorce.

There is no present statute authorizing the payment out of public funds for the cost of service by…